Disposed¶46

Shri. Mayur Ullala, v. State of Karnataka

Karnataka HC11 Sept 2025WP/26516/2025

Case brief

AI extract

What is this about?

Writ Petition (CS-RES) No. 26516 of 2025, High Court of Karnataka (R. Nataraj, J.), 11.09.2025: certiorari against co-operative election dispute Suit No.85/2025-26 under Sections 70 and 39(C), Karnataka Co-operative Societies Act 1959, alleging limitation bar (filed 16.06.2025 vs last date 01.04.2025); held remedy is application before Deputy Registrar (respondent No.3), not writ rejection; petition disposed with liberty and three-month disposal direction; no precedent cited.

What did the court decide?

Petition disposed of without quashing the election dispute; liberty reserved to the petitioners to file an appropriate application before respondent No.3, which is to be considered and disposed of in accordance with law within three months of filing. Learned Additional Government Advocate permitted to file memo of appearance within ten days.

Shri. Mayur Ullala, Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the election dispute in Suit No.85/2025-26 was barred by limitation, the petitioners contending it was filed on 16.06.2025 although the last date was 01.04.2025. +1 more

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Ratio / Principle

A grievance that an election petition/dispute was filed beyond the prescribed time must be pursued before respondent No.3 by filing an appropriate application; the objectors cannot seek rejection of the election dispute in a writ petition before this Court.

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Key takeaways

The writ petition is disposed of with liberty to the petitioners to file an appropriate application before respondent No.3, who shall consider it and dispose of it in accordance with law within three months from the date of filing such application.ratio¶46

Detailed headnote1 paragraphs

Co-operative election dispute - maintainability of writ challenge to limitation bar: Elected members of the Board of Management of a co-operative society (elections held 02.03.2025) sought a writ of certiorari under Articles 226 and 227 of the Constitution to quash an election dispute (Suit No.85/2025-26, dated 16.06.2025) raised by rival candidates under Sections 70 and 39(C) of the Karnataka Co-operative Societies Act, 1959 before the Deputy Registrar of Co-operative Societies/District Election Officer, contending the dispute was filed beyond the prescribed period (last date 01.04.2025). Held, an objection that an election petition was filed beyond time must be raised before respondent No.3 by an appropriate application; the writ court will not reject the election dispute at the instance of the objectors. Petition disposed of reserving liberty to file such application before respondent No.3, with a direction to consider and dispose of it in accordance with law within three months from filing. The question whether the dispute is in fact time-barred was left for decision by respondent No.3. (Single Judge, R. Nataraj, J.; oral order dated 11.09.2025.)

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1 - NC: 2025:KHC:36141 WP No. 26516 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 26516 OF 2025 (CS-RES)

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BETWEEN:

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SHRI.MAYUR ULLALA, S/O THIMMAPPA, AGED 55 YEARS T.C ROAD, ULLALA POST OFFICE MANGALURU - 575020.

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SRI SHEKHARA (DIRECTOR) S/O VENKATAPPABANGERA AGED ABOUT 48 YEARS AYIRABETTU, KUTTAR, MUNNURU POST OFFICE MANGALURU - 575017

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SRI PRADEEPATHAVAR (DIRECTOR) S/O DEVADASATHAVAR

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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AGED ABOUT 49 YEARS ADIMAAYENIDHI, SHANTHA ALVA COMPOUND, AMAR ALVA ROAD, MONKEY STAND POST, MANGALURU - 575001

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SRI. SURESH S.K S/O CHENNAPPABANGERA AGED ABOVE 53 YEAR, HOUSE NO.2-41D, SUKHA NILAYA, KOOTE, SOORINJE, KATIPALLA, MANGALURU-575030

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SMT. ROOPA W/O KRISHNAPPA AGED ABOUT 45 YEARS KANKANADYPAKKALADKA POST

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2 - NC: 2025:KHC:36141 WP No. 26516 of 2025

HC-KAR

MANGALURU - 575007

…PETITIONERS

(BY SRI. VINOD KUMAR M., ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY ITS SECRETARY DEPARTMENT OF CO OPERATION M S BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE 560001

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THE CO OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR TTMC, A BLOCK, K.H.ROAD, SHANTHINAGAR BANGALORE 560027 REPRESENTED BY ITS SECRETARY

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THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER DISTRICT ADMINISTRATIVE BHAVAN, STATE BANK, MANGALORE D K

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SRI MANAMOHANULLAL S/O RAMA SALIAN AGED MAJOR NO 18-25/4, SHIVANI 1ST CROSS, ULLALA BAIL, ULLAL MANGALORE 575020

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SRI SHRAVANA KUMAR S/O SUDHAKAR AGED MAJOR NO 4/16/22, ULLASA NAGARA BAJAL, NANTHOOR, MANGALORE 575027

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NC: 2025:KHC:36141 WP No. 26516 of 2025

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HC-KAR

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SRI ASHOK KULAL M.K S/O M KANTAPPA, AGED MAJOR, 2-93/8, VISHWESH, NEAR GOVERNMENT COLLEGE, GANDHINAGARA, KAVURU, MANGALURU- 575020

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…RESPONDENTS

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(BY SRI.HARISHA.A.S., AGA FOR R1 AND R3; VIDE ORDER DATED 11.09.2025, NOTICE TO R2, R4 TO R6 DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO(A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE PROCEEDINGS, IN SUIT NO 85/2025-26 PRODUCED AT ANNEXURE D AND E PENDING BEFORE THE RESPONDENT NO 3 AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioners have sought for a writ in the nature of certiorari to quash the proceedings in suit No.85/2025-26 dated 16.06.2025 pending before the respondent No.3.

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The sum and substance of the case of the

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petitioners is that they were elected to the Board of Management of the Kumbara Gudi Kaigarika Sahakari Sangha

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4 - NC: 2025:KHC:36141 WP No. 26516 of 2025

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HC-KAR

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Niyamitha, Chakrasoudha, Kulai, Mangalore.The petitioners contend that the respondent Nos.4 to 6 had raised an election dispute before the respondent No.3 under Sections 70 and 39(C) of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as ‘the Act’ for short), beyond the time prescribed. Therefore, they contended that the respondent No.3 ought not to have entertained the election dispute and must have returned it or dismissed it.

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Learned counsel for the petitioners submits that the petitioners were elected to Board of Management on 02.03.2025 and therefore, the last date for filing the election dispute was 01.04.2025. Contrarily, the election dispute was raised on 16.06.2025. He therefore contends that the respondent No.3 ought not to have entertained the election dispute but must have rejected it outrightly.

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If the election petition is filed beyond the time prescribed, it is for the respondent Nos.4, 5 and 6 to approach the respondent No.3 and file appropriate application. They cannot approach this Court seeking rejection of the election dispute.

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5 - NC: 2025:KHC:36141 WP No. 26516 of 2025

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HC-KAR

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In that view of the matter, this petition is disposed off, r eserving liberty to the petitioner to file appropriate application before the respondent No.3 and if such an application is filed, the respondent No.3 shall consider the application and dispose it off in accordance with law within a period of three months from the date of filing the application.

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Learned Additional Government Advocate is

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permitted to file a memo of appearance within a period of ten days.

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Sd/(R. NATARAJ) JUDGE

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BKN/List No.: 1 Sl No.: 11

Shri. Mayur Ullala, v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri. Mayur Ullala, v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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